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CR 2012-122 Rezooning of 525 Blake RoadA:aOctober 23, 2012 Council Report 12-122 REZONING — 525 BLAKE ROAD Proposed Action Staff recommends the following motion: Move to adopt Resolution 12-77, approving Ordinance 12-1055, rezoning the property north of 525 Blake Road and the east 20 feet of 525 Blake Road from B-3 to B-4 and from B-4 to B-3, respectively, for second reading. At the Zoning and Planning meeting, Mr. Kuznia moved and Mr. Datta seconded a motion to adopt Resolution RZ12-15, recommending approval of Ordinance 12-1055, rezoning the property north of 525 Blake Road and the east 20 feet of 525 Blake Road from B-3 to B-4 and from B-4 to B-3, respectively. The motion was approved unanimously. Overview Hopkins Blake Detail, LLC, is proposing to redevelop the former BP gas station site located at 525 Blake Road into a retail building. It is proposed that the existing building will be razed and two buildings will be constructed. The new development will also include two lots to the north. One lot is owned by the apartments to the east and the second owned by MnDOT. The development also has a small area in St. Louis Park. The buildings as proposed will have approximately 12,000 square feet of retail. Access to the new buildings will be from Cambridge Street and a new access will be from Division Street in St. Louis Park. The former BP site is zoned B-4, but the two parcels to the north that will be replatted with this property are zoned B-3; these will be rezoned to B-4. The east 20 feet of 525 Blake will be rezoned from be rezoned from B-4 to B-3. Primary Issues to Consider • What is the Comprehensive Plan designation? • What is the existing zoning of the subject site? • What does the B-4 zoning allow? • Should the site be rezoned from B-3 to B-4? • What was the discussion at the Zoning and Planning meeting? Supporting Documents • Analysis of Issues • Resolution 12-77 Ordinance 12-1055 q1MUL� Nancy Soknderson, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: CR12-122 Page 2 Primary Issues to Consider • What is the Comprehensive Plan designation? The Comprehensive Plan has designated the site as Commercial. • What is the existing zoning of the subject site? 525 Blake Road is zoned B-4, Neighborhood Business. The MnDOT property and the area owned by 1301 Cambridge is zoned B-3, General Business. • What does the B-4 zoning district allow? The B-4 zoning district allows retail and restaurants. These are the uses proposed by the applicant. Any use that the applicant proposes must meet the allowed uses in the B-4 zoning district. • Should the site be rezoned from B-3 to B-4 and B-4 to B-3? 525 Blake Road is currently zoned B-4, and the rezoning of the MnDOT site and part of 1301 Cambridge to B-4 will make the whole site except for 20 feet to the east B-4. 1301 Cambridge currently is a triangle area to the north of 525 Blake Road and is zoned B-3. The owner of 1301 Cambridge will retain a small a portion of the property and he wants it to remain B-3. The east 20 feet of 525 Blake Road will be rezoned to B-3. • What was the discussion at the Zoning and Planning meeting? Ms. Anderson reviewed the rezoning for the site. No one appeared at the public hearing regarding this item. Alternatives 1. Approve the rezoning. By approving the rezoning, the property will be rezoned as proposed. 2. Deny the rezoning. By denying the rezoning, the applicant will not be able to rezone the property as proposed. If the City Council considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the City Council indicates that further information is needed, the item should be continued. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 12-77 RESOLUTION MAKING FINDINGS OF FACT APPROVING AN ORDINANCE REZONING 525 BLAKE ROAD AND THE TWO LOTS NORTH OF 525 BLAKE ROAD FROM B-3 TO B-4 AND THE EAST 20 FEET OF 525 BLAKE ROAD FROM B-4 TO B-3 WHEREAS, an application for Zoning Amendment ZN12-5 has been made by Hopkins Blake Retail, LLC; WHEREAS, the procedural history of the application is as follows: 1. That an application for zoning amendment was made on October 2, 2012, by Hopkins Blake Retail, LLC; 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on October 22, 2012: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered. 4. The legal description of the property to be rezoned is as follows: That part of Lot 68, Auditor's Subdivision No. 239, Hennepin County, Minnesota, which is described as follows: Commencing at the northwest corner of said Lot 68; thence South 88 degrees 33 minutes 54 seconds East, assumed bearing along the north line of said Lot 68 a distance of 204.00 feet to a point hereinafter known as Point "A"; thence return North 88 degrees 33 minutes 54 seconds West, along said north line a distance of 204.00 feet to the point of commencement; thence South 00 degrees 25 minutes 48 seconds West, assumed bearing along the west line of said Lot 68, a distance of 122.41 feet to the point of beginning; thence continuing southerly along said west line of Lot 68 to a point 225.00 feet north from the southwest corner of said Lot 68; thence at right angles South 89 degrees 34 minutes 12 second East, a distance of 208.00 feet; thence North 02 degrees 24 minutes 28 seconds West, a distance of 54.86 feet to a point that bears South 00 degrees 32 minutes 54 seconds East, a distance of 76.65 feet from the aforementioned Point "A"; thence southwesterly a distance of 209.58 feet more or less, to the point of beginning, EXCEPTING therefrom that part lying westerly of the easterly right of way line of Hennepin County Right of Way Map No. 2, recorded in the office of the County Recorder as Document No. 435187. All that part of Lot 68, Auditor's Subdivision No. 239, Hennepin County, Minnesota, described as follows: All that part of Lot 68, Auditor's Subdivision No. 239, described as follows; Beginning at the Southwest corner of Tract DD, Registered Land Survey No. 1058, files of the Registrar of Deeds, County of Hennepin, which point is also the Northwest corner of said Lot 68; thence East 204 feet along the South line of Tract DD; thence South for a distance of 76.65 feet along a line which is the South extension of a line distant 204 feet East, parallel with and measured at right angles to the West line of said Tract DD; thence Southwesterly along a line drawn parallel with the Northwesterly line of said Tract DD to the West line of said Lot 68; thence North along the West line of said Lot 68 to the point of beginning, according to the plat thereof on file and of record in the office of the Registrar of Deeds in and for Hennepin County. EXCEPTING THEREFROM the West 74.00 feet of said Lot 68, Auditor's Subdivision No. 239. That part of Lot 68, Auditor's Subdivision No. 239, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said Lot 68; thence South 00 degrees 25 minutes 48 seconds West, assumed bearing along the west line of said Lot 68, a distance of 135.01 feet to a point 225 feet north from the southwest corner of said Lot 68; thence at right angles South 89 degrees 34 minutes 12 second East, a distance of 208.00 feet to the point of beginning; thence South 00 degrees 25 minutes 48 seconds West, a distance of 173.63 feet to the north line of the South 55 feet of said Lot 68; thence North 88 degrees 34 minutes 04 seconds West, along said north line, a distance of 20.05 feet; thence North 00 degrees 24 minutes 49 seconds East, a distance of 304.99 feet to the north line of said Lot 68; thence South 88 degrees 33 minutes 58 seconds East, along said north line, a distance of 16.12 feet to a point 204 feet East from said Northwest corner of Lot 68; thence South 00 degrees 32 minutes 54 seconds East, a distance of 76.65 feet; thence South 02 degrees 24 minutes 28 seconds East, a distance of 54.86 feet to the point of beginning. NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN12-5 is hereby approved based on the following Findings of Fact: 1. That the Comprehensive Plan has designated the site as Commercial. 2. That the proposed uses comply with the permitted use of the B-4 zoning. 3. That the zoning and the Comprehensive Plan designation will be consistent. Adopted this 23nd day of October 2012. ATTEST: Eugene J. Maxwell, Mayor Kristine A. Luedke, City Clerk CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 12-1055 AN ORDINANCE REZONING THE TWO LOTS NORTH OF 525 BLAKE ROAD FROM B-3 TO B-4 AND THE EAST 20 FEET OF 525 BLAKE ROAD FROM B-4 TO B-3 THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That the present zoning classification of B-3, General Business, upon the following described premises is hereby repealed, and in lieu thereof, the said premises are hereby zoned as B-4, Neighborhood Business. That part of Lot 68, Auditor's Subdivision No. 239, Hennepin County, Minnesota, which is described as follows: Commencing at the northwest corner of said Lot 68; thence South 88 degrees 33 minutes 54 seconds East, assumed bearing along the north line of said Lot 68 a distance of 204.00 feet to a point hereinafter known as Point "A"; thence return North 88 degrees 33 minutes 54 seconds West, along said north line a distance of 204.00 feet to the point of commencement; thence South 00 degrees 25 minutes 48 seconds West, assumed bearing along the west line of said Lot 68, a distance of 122.41 feet to the point of beginning; thence continuing southerly along said west line of Lot 68 to a point 225.00 feet north from the southwest corner of said Lot 68; thence at right angles South 89 degrees 34 minutes 12 second East, a distance of 208.00 feet; thence North 02 degrees 24 minutes 28 seconds West, a distance of 54.86 feet to a point that bears South 00 degrees 32 minutes 54 seconds East, a distance of 76.65 feet from the aforementioned Point "A"; thence southwesterly a distance of 209.58 feet more or less, to the point of beginning, EXCEPTING therefrom that part lying westerly of the easterly right of way line of Hennepin County Right of Way Map No. 2, recorded in the office of the County Recorder as Document No. 435187. All that part of Lot 68, Auditor's Subdivision No. 239, Hennepin County, Minnesota, described as follows: All that part of Lot 68, Auditor's Subdivision No. 239, described as follows; Beginning at the Southwest corner of Tract DD, Registered Land Survey No. 1058, files of the Registrar of Deeds, County of Hennepin, which point is also the Northwest corner of said Lot 68; thence East 204 feet along the South line of Tract DD; thence South for a distance of 76.65 feet along a line which is the South extension of a line distant 204 feet East, parallel with and measured at right angles to the West line of said Tract DD; thence Southwesterly along a line drawn parallel with the Northwesterly line of said Tract DD to the West line of said Lot 68; thence North along the West line of said Lot 68 to the point of beginning, according to the plat thereof on file and of record in the office of the Registrar of Deeds in and for Hennepin County. EXCEPTING THEREFROM the West 74.00 feet of said Lot 68, Auditor's Subdivision No. 239. That the present zoning classification of B-4, Neighborhood Business, upon the following described premises is hereby repealed, and in lieu thereof, the said premises are hereby zoned as B-3, General Business That part of Lot 68, Auditor's Subdivision No. 239, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said Lot 68; thence South 00 degrees 25 minutes 48 seconds West, assumed bearing along the west line of said Lot 68, a distance of 135.01 feet to a point 225 feet north from the southwest corner of said Lot 68; thence at right angles South 89 degrees 34 minutes 12 second East, a distance of 208.00 feet to the point of beginning; thence South 00 degrees 25 minutes 48 seconds West, a distance of 173.63 feet to the north line of the South 55 feet of said Lot 68; thence North 88 degrees 34 minutes 04 seconds West, along said north line, a distance of 20.05 feet; thence North 00 degrees 24 minutes 49 seconds East, a distance of 304.99 feet to the north line of said Lot 68; thence South 88 degrees 33 minutes 58 seconds East, along said north line, a distance of 16.12 feet to a point 204 feet East from said Northwest corner of Lot 68; thence South 00 degrees 32 minutes 54 seconds East, a distance of 76.65 feet; thence South 02 degrees 24 minutes 28 seconds East, a distance of 54.86 feet to the point of beginning. First Reading: October 23, 2012 Second Reading: November 7, 2012 Date of Publication: November 15, 2012 Date Ordinance Takes Effect: November 15, 2012 Eugene J. Maxwell, Mayor ATTEST: Kristine A. Luedke, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date 03012 Wnl- ProNatlaral Sr ,. Nc No. 7 STATE HIGHWAY — — —� — — NW. uNE TRACT 00, 1 .58 1 R.L.S. 10 1 1 Parcel Description_ r�J All that part of Lot 68, Auditor's Subdivision No. 239, Hennepin �4! LINE TRACT / I County, Minnesota, described as follows: DD, R.L.S. 1058 All that part of Lot 68 Auditor's Subdi✓ ' N 239 POINT OF BEGINNING, I I I\ TL) A /5 T n n 11 NW. CORNER LOT AND SW. CORNER I I 1 YTRACT DD, R.L.S. NO.I —S. LINE TRACT 1 058 I I I (\ DO, R.L.S. 1058 1 1 704.00 1 — I} 74.01 1 � \ 1 � — -7 — 74.00 — 129.99— I 1 _LINE PARALLEL WITH AND 1 I —NORTH LINE i 74.00 FEET EAST OF 77 -IE 1 I 1 !' 1 I V OF LOT 68 C� I O I �i WEST LINE OF LOT 6e II\� r;^ I 1 L0 `l (•r�\J LINE PARALLEL WI7H T c;) < THE W LINE OF W I I I 1 TRACT DD, R.L.S. 1058 THE NW00 NRy�S 1058 11 C) I I TRACT 74.00 — — I 134.03 r- - n _W. LINE OFI LOT 68, v ` AUDITOR'S SUBDIVISION I 209.58 NO. 239, I —JI n yl 1 I I ". Ed.. P od Rn N 5". "nal SeMte� Inc 1699 Anegrem Drive tem Prepared for. Eden Praise, MN 55364 PHONE 952931-5150 �: �H Solomon Real Estate Group FA% 952.9315922 Dnarc. �� TOLL F1>ff 1A69-B31-St50 Westwood R—d or. a b ld.k www.watwoodp3.mm Minnetonka, Minnesota 55305 slon a. described as follows; Beginning at the Southwest corner of Tract DD, Registered Land Survey No. 1058, files of the Registrar of Deeds, County of Hennepin, which point is also the Northwest corner of said Lot 68; thence East 204 feet along the South line of Tract DO; thence South for a distance of 76.65 feet along a line which is the South extension of a line distant 204 feet East, parallel with and measured at right angles to the West line of said Tract DD; thence Southwesterly along o line drown parallel with the Northwesterly line of said Tract DD to the West line of said Lot 68; thence North along the West line of said Lot 68 to the point of beginning, according to the plat thereof on file and of record in the office of the Registrar of Deeds in and for Hennepin County. EXCEPTING THEREFROM the West 74.00 feet of said Lot 68, Auditor's Subdivision No. 239. Hopkins Amoco Site Minnesota Oat. 10/09/12 st,ert: 1 OF 1 20111211<KF04 c Parcel Sketch N 14 Ij� / T—JAr�T A I I \A'l v I rl j\L� •�'i=ivi�iviv=" — i�. I` I f> v e ✓ JL�lyl WC () I i22 r•l i 'j IK YL5 C) \i^ r, I ')L) O 3 kd Z 3 o_ 3 = I _NQQM ME M 55 5 FEET Sd/T COT 88 � NBB^JZ1'W 588"JE'Os'E 218.03 \ I N ivl Lei\IIL/\J(_ SW CQR OF L07 68 1 1 _ CENTERLINE � I I CAMBRq)L'E 3/REET I ". IN'.avoeC Aaknl6n613.Mo4 Ylc HWa,°6,°m on°. y�..,..,,� EE°n RNA°, MN 66JN �°� ��`�"'�`� fm 062.96;.10 and.& CM Solomon Real Estate Group f11N 96II68,J'M mEr� iaessnsleo °i��` 4� W4ffhVW jrma DOwIr° brA - .++�mm Miwnw.__4. b(lanno4 55305 �N \ That part of Lot 68, Auditor's Subdivision No. 239, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said Lot 68; thence South 00 degrees 25 minutes 48 seconds West, assumed bearing along the west line of said Lot 68, a distance of 135.01 feet to a point 225 feet north from the southwest corner of sold Lot 68; thence at right angles South 89 degrees 34 minutes 12 second East, a distance of 208.00 feet to the point of beginning; thence South 00 degrees 25 minutes 48 seconds West, a distance of 17363 feet to the north line of the South 55 feet of said Lot 68,' thence North 88 degrees 34 minutes 04 seconds West, along said north line, o distance of 20.05 feet; thence North 00 degrees 24 minutes 49 seconds East, a distance of 304.99 feet to the north line of said Lot 68,' thence South 88 degrees 33 minutes 58 seconds East, along said north line, a distance of 16.12 feet to o point 204 feet East from said Northwest corner of Lot 68; thence South 00 degrees 32 minutes 54 seconds East, a distance of 76.65 feet; thence South 02 degrees 24 minutes 28 seconds East, a distance of 54.86 feet to the point of beginning. x oe,-9/13/12 sn6Ee 2 oe 3 Hopkins 201112115NF02.Er Amoco Site � Wim' Hopldtu, Miamota °1P12 OX,I 4 Pr SIX—, I n n 1.1 T ri I .� Pd NT I I 'A�—. 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MN 55541 a Solomon Real Estate Group FAX 1 5-0415150 9 FAX 751 OX— 6M �y� RIILFid£ _88 1f 669415150 W w��"6 www.vw9w6adpl.oem seed nn.lr N� el Minnonk2, Minnesota 5590.5 ptamption That port of Lot 68, Auditor's Subdivision No. 239, Hennepin County, Minnesota, which is described as follows: Commencing at the northwest corner of said Lot 68; thence South 88 degrees 33 minutes 54 seconds East, assumed bearing along the north line of said Lot 68 a distance of 204.00 feet to a point hereinafter known as Point "A"; thence return North 88 degrees 33 minutes 54 seconds West, along said north line a distance of 204.00 feet to the point of commencement; thence South 00 degrees 25 minutes 48 seconds West, assumed bearing along the west line of said Lot 68, a distance of 122.41 feet to the point of beginning; thence continuing southerly along said west line of Lot 68 to a point 225.00 feet north from the southwest comer of said Lot 68; thence at right angles South 89 degrees 34 minutes 12 second East, a distance of 208.00 feet; thence North 02 degrees 24 minutes 28 seconds West, a distance of 54.86 feet to a point that bears South 00 degrees 32 minutes 54 seconds East, o distance of 76.65 feet from the aforementioned Point "A"- thence southwesterly a distance of 209.58 feet more or less, to the point of beginning, EXCEPTING therefrom that part lying westerly of the easterly right of way line of Hennepin County Right of Way Map No. 2, recorded in the office of the County Recorder as Document No. 435187. arc 9/13/12 sent 3 or 3 Hopkins Property Amoco Site Sketch Hopkins, Mtnnesota